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TRINIDAD AND TOBAGO

Reported in 2021, last reported in 2023

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Trinidad and Tobago imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector

TRINIDAD AND TOBAGO

Since December 1997

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Protection Against Unfair Competition Act
Trinidad and Tobago does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Art. 9 of the Protection Against Unfair Competition Act determines that any act or practice, in the course of industrial or commercial activities, that results in the disclosure, acquisition or use by others of secret information without the consent of the person lawfully in control of that information and in a manner contrary to honest commercial practices shall constitute an act of unfair competition. In addition, Art. 9 defines "secret information" as well as setting out what its disclosure may result from, such as industrial or commercial espionage or breach of contract.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since July 2001, as amended in 2004
Since August 2006

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Telecommunications Act

Telecommunications (Access to Facilities) Regulations
There is an obligation for passive infrastructure sharing in Trinidad and Tobago to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements. Passive sharing of telecom infrastructure is mandated under Art. 26.1 of the Telecommunications Act of 2001, which was amended in 2004 to include this provision. The document titled Telecommunications (Access to Facilities) Regulations details the regulations for licensees of telecommunications services to negotiate in good faith in order to share the use of their facilities.
Coverage Telecommunications sector

TRINIDAD AND TOBAGO

Since January 1970

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Telecommunications Services of Trinidad and Tobago Limited (TSTT) is jointly owned by National Enterprises Limited (NEL), which in turn is majority owned by the Government of Trinidad and Tobago, and Cable & Wireless (West Indies) Limited (C&W). NEL owns 51% of TSTT's issued share capital. TSTT provides the following telecommunications services: mobile telephone, data (domestic and international), voice (domestic and international), internet access and cable TV broadcast.
Coverage Telecommunications sector

TRINIDAD AND TOBAGO

Since February 2012

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Accounting Separation Guidelines for the Telecommunications Sector
Trinidad and Tobago mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market. The Accounting Separation Guidelines for the Telecommunications Sector from February 2012 dictate the preparation of separate accounts for each of the different businesses operated by the same concessionaire by identifying and allocating the costs and revenues associated with each business as well as the dealings between them. It sets the guiding principles for this process, which concessionaires must implement. Dominance can be reviewed at any time when deemed necessary or upon the request of an operator. These guidelines are emitted as per Section 24.1 of the Telecommunications Act 2001. Additionally, it is reported that functional separation is also required by law, although the law has not been identified.
Coverage Telecommunications sector

TRINIDAD AND TOBAGO

Since February 1990, entry into force in August 1990, last amended in 2007

Pillar Telecom infrastructure & competition  |  Sub-pillar Other restrictions to operate in the telecom market
Foreign Investment Act, 1990
According to Art. 5 of the Foreign Investment Act, foreign entities must secure a license to hold more than 30% of the shares in any public company, a stipulation that extends to entities within the telecommunications sector. Furthermore, obtaining this license is subject to additional constraints, which include, inter alia, the fulfilment of minimum capital requirements established by the regulatory framework.
Coverage Telecommunications sector

TRINIDAD AND TOBAGO

Since April 1997

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
WTO Telecom Reference Paper
Trinidad and Tobago has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

TRINIDAD AND TOBAGO

Since July 2001, as amended in July 2004

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Presence of independent telecom authority
The Telecommunications Authority of Trinidad and Tobago (established in July 2004 by an amendment to the Telecommunications Act 2001) is the country's executive authority for the supervision and administration of services in the telecommunications sector. This authority is reported to be completely independent of the government in the decision-making process.
Coverage Telecommunications sector

TRINIDAD AND TOBAGO

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Trinidad and Tobago is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since February 1990, entry into force in August 1990, last amended in 2007

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Foreign Investment Act, 1990
The Foreign Investment Act of 1990 requires potential investors to provide certain information to the Minister of Finance and Secretary of the Company, including name, address, identity of other countries where they have investments, purpose, and residence status. Nonetheless, there is no restriction on foreign ownership in place. The Act repealed the Aliens (Landholding) Act, Chap. 58:02, No. 36 of 1921.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since February 1990, entry into force in August 1990, last amended in 2007

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Foreign Investment Act, 1990
As per Art. 5 of the Foreign Investment Act, if the investor cumulatively owns more than 30% of a public company, it is necessary for them to obtain a license. This restriction extends to shares of companies traded on the Stock Exchange (TTSE).
Coverage Public companies

TRINIDAD AND TOBAGO

Since March 1994

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Trinidad and Tobago is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

TRINIDAD AND TOBAGO

Since October 1997

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Copyright Act
Trinidad and Tobago has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. According to Art. 10 and 11, the act protects works for the sole fact of their creation irrespective of their mode or form of expression, as well as of their content, quality and purpose. The law establishes and regulates a series of exceptions for the use of copyrighted work, in which protected works may be used without the authorisation of the owner of the copyright and payment of compensation. These are as follows:
- Private reproduction for personal purposes, as per Art. 9;
- Reproduction for teaching, as per Art. 11;
- Reproduction by libraries and archives, as per Art. 12;
- Reproduction, broadcasting, and other communication with the public for information purposes, as per Art. 13;
- Reproduction and adaptation of computer programs, as per Art. 14.
Coverage Horizontal

TRINIDAD AND TOBAGO

Reported in 2020, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Trinidad and Tobago. It is reported that there are concerns about Trinidad and Tobago piracy for optical disc music and video, non-payment of copyright royalties, and online piracy. It has also been reported that copyright owners face serious challenges in protecting their copyright. While members of the industry believe there are sufficient laws to prevent piracy and copyright infringement, local creators are unwilling to engage in convoluted legal battles due to the non-recognition of the value of their intellectual property. In 2022, the Telecommunications Authority of Trinidad and Tobago (TATT) conducted audits on compliance with its concessions agreement requiring domestic broadcasters to respect intellectual property (IP). However, of concern is the lack of enforcement action against the two state-owned telecommunications networks that remain in breach of the agreement, both of which broadcast unlicensed over-the-air content as part of their commercial television subscription packages.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since November 2008

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Trinidad and Tobago has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

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